SAUMITRA DAYAL SINGH, DONADI RAMESH
Tripti Singh – Appellant
Versus
Ajat Shatru – Respondent
JUDGMENT :
1. Heard Shri Deepak Kumar Srivastava, learned counsel for the appellant and Shri Manish Tandon, learned counsel for the respondent.
2. Present appeal has been filed under Section 19 of the Family Courts Act, 1984, arising from the judgement and order dated 22.02.2013 passed by learned Additional Principal Judge, Family Court, Kanpur Nagar, in Original Suit No. 175 of 2006 (Ajat Shatru v. Smt. Tripti Singh), whereby the learned trial court has dissolved the marriage between the parties without making any provision for permanent alimony etc.
3. The marriage between the parties was solemnised on 17.04.2002. A son is born to the parties. He has attained the age of majority. According to the respondent, the appellant deserted his company on 12.02.2006. In any case the parties have not revived the relationship since then. The divorce suit was instituted by the appellant in the year 2006. The plaint was amended vide order dated 02.07.2011. By means of the amendment made, the respondent alleged cruelty arising from false criminal case lodged by the appellant against the respondent and his family members being Case Crime No. 60 of 2008 at P.S. Mahila Thana, District Kanpur Nagar, u
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Cruelty in matrimonial law encompasses both physical and mental aspects, with the impact on the aggrieved spouse being crucial for determining divorce.
Cruelty in matrimonial law is assessed based on its impact on the aggrieved spouse, requiring a subjective evaluation of circumstances rather than a mere objective standard.
Mental cruelty can justify divorce when one spouse's conduct causes reasonable apprehension of harm to the other, as established in this case.
Cruelty in matrimonial law encompasses both physical and mental aspects, with the latter requiring a cumulative assessment of conduct that causes reasonable apprehension of harm to the aggrieved spou....
Cruelty in matrimonial law is subjective and must be assessed based on its impact on the aggrieved spouse, rather than rigid standards or expectations.
Cruelty and desertion must be proven with specific evidence; irretrievable breakdown of marriage is not a statutory ground for divorce under the Hindu Marriage Act.
Cruelty under the Hindu Marriage Act encompasses both physical and mental aspects, assessed on a preponderance of evidence standard.
Point of Law : Matrimonial Dispute - Cruelty - None of instances of cruelty, pleaded in plaint, would amount to commission of cruelty within meaning of Section 13 of Act, 1955 nor does it satisfy the....
False accusations and long-term separation can constitute mental cruelty, justifying divorce under the Hindu Marriage Act.
Divorce – Cruelty may be mental or physical – It may be intentional or unintentional – It is a matter of inference to be drawn by considering nature of conduct and its effect on complaining spouse.
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